K.L. DOMNIC AND OTHERS Vs. KARAL MARY

JUDGEMENT

(1.) The present revision petition has been filed challenging the dismissal of the petitioners' application seeking for amendment of the plaint filed under Order 6, Rule 17 of the Civil Procedure Code.

(2.) Heard Mr.C.N.Raman, learned counsel for the petitioners and Mr.E.Prabu, learned counsel for the respondent.

(3.) The amendment, which the petitioner intends to incorporate in the plaint is in connection with an unregistered Will dated 05.02.1949, allegedly executed by one Konga Sowriappa Reddy in favour of the petitioner's father. The present suit has been filed seeking for the relief of declaration of the plaintiff's title to the suit property and for mandatory injunction. The defendants incidentally claim right through a registered sale deed dated 22.07.1996. As such, the introduction of the Will in the plaint would have a lot of bearing on the plaintiff's title over the suit properties and would give raise to a fresh cause of action also.